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GEORGE G. DIM. OF INDIAM, 

THE OREGON BILL 

Delivered ix tue House of Representative? or the U. S. July 27 1848. 

Mr. Chairman- : The object of the bill under consideration is to provide a government for the Ter- 
ritory of Oregon. Tt contains a prohibition against slavery in that Territory; A proposition has been 
submitted to strike out that clause. It ia known that the people there, in the most solemn form in which 
the v can sneak, through such legislation as they have, have avowed their opposition to that institution. 
And yet it is proposed to disregard their known wishes, to say nothing of the decided feeling of a large por. 
tion of the people ofthe Statesof this Union on the subject. This course is of recent date. A similar bill 
to this, with this identical inhibition, has again and again, at former sessions of Congress, met the appro- 
bation, and received the support of gentlemen from all sections— South as well as North. No seri >us 
objection has heretofore been made to it. Both of the gentlemen from Texas voted for it at the last Con- 
gress. So too did gentlemen •from Virginia, North and South Carolina, and Tennessee. Gentlemen 
who now, as they did then, claim to he, par excellence, Southern Jefferson i an Democrats. Let us see if, 
on this subject, they are so. In 17S4 a committee, of which Mr. Jefferson was a member, reported an 
ordinance to the Congress of the old confederation, to organize and establish the territory northwest of the 
river Ohio. That ordinance contained this restriction against slavery. A vote was taken in that Con- 
gress to strike out the restriction. It was stricken out— but Mr. Jefferson recorded his vote in favor of 
the restriction. 

A<rain, in 1787, an ordinance was reported to Congress by a committee composed of Mr. Dane, of 
Massachusetts, Mr. Smith, of New York, Messrs. Richard Henry Lee, and Carrington, of Virginia, and 
Mr. Kean, of South Carolina. Every one of these eminent men cordially approved of and supported 
that ordinance. It contained a prohibition against slavery— such as is now proposed to be stricken from 
the Oregon bill. That ordinance, with the restriction, passed, receiving every vote (except one, Mr. 
Sates, of New York) of every State represented, to wit : MassaehusetteS (then the only non-slavehold- 
IQg State,) New York, NW Jersey, iJelaware, Virginia, North Carolina, South Carolina, and Georgia. 
It Is well known that this met Mr. Jefferson's hearty approbation. Here then is a warrant lor the oppo- 
sition in the free states, which vou of the South are pleased to denounce as fanatical and infamous, to 
the extension of the institution "of slavery ; a warrant of wine. Itis from Southern men, of the truest 
patriots and proudest statesmen of tins or "any other age or nation. Who follows Mr. Jefferson? We have 
this morning, laid upon the table, thereby expressing our decided objection to its terms, a bill from the 
Senate, the consideration of which would have defeated, certainly, the Oregon bill; and the parage of 
which would have kindled a (lame in this land that the waters of the Atlantic could not have extinguish- 
ed. A fire that would have burned up every hope of the Republic, and utterly consumed every vestige 
of our happy institutions. A bill, as it were, in mockery, termed " a peace offering— a compromise" — 
referring this alarming political issue to the judicial tribunals for determination. And thus, let the ques- 
tion be decided as it might, aggravating the evil and bitter feelings of the defeated party, and arraying a 
whole section of the Union against the Supreme Court of the United States. An array which would 
destroy it; and that wall of defence once broken down, all else would necessarily perish. 

This is emphatically, by force of existing cireumstan.es, a floMc 1 1 be! mgs to the Legis- 

lative Department. We have it to settle, and let us settle it— settle it like men. Every consideration 
that addresses itself to our better nature appeals to us most earnestly to be reconciled to each other, to 
forget our animosities, and compromise our differences.' Nothing good wid result from the use of offen- 
sive epithets or a resort to menace, The non slaVeholdblg States will employ neither. We shall, most 
assuredly, give them no consideration when employed against us. We feel, that in some things, wo 
have been uncandidly, if not unkindly dealt by— but that shall not remain with us a permanent "stone 
of stumbling and ground of offence." Wc shail forget it all when met in the proper spirit by our South- 
ern brethren. And that we may begin to approach each other, let us go back soberly to some past events, 
and see where all these disturbing elements originated, how they have progressed, and what is their pre- 
sent position. While this is done in kindness, let it be with perfect freedom and candor. 

Sir, the war into which wc were so improvidcntly and unnecessarily involved with Mexico, is just 
closed, and peace finds us in a coudition but little, if any. preferable to war itself. Those daTlc 
•clouds that marshalled two nations to strife and hurried thousands to their graves, can hardly bo 
said, so tar as we are concerned, to have passed away. They have rather been shrouded in a yet 
deeper gloom of impending public darger. 'We have teen parsing through, and arc yet in the midst 
of scenes, most trying to our institutions. When the causes which now overwhelm us with their 
consequences were first set on foot, they were promptly met and earnestly resisted by far seeing 
and patriotic statesmen of both political parties But their wisdom was held as folly; their warnings 
Towers, printer, Washington. 



2 Tit* 

were regarded as insults ; their expostulations were met with mockery, by a class of new -fiedgod 
politicians, whose appeals to popular passions and prejudices knew no moderation, and who, to accom- 
plish their ends, were prepared to hurry all that is valuable in the past, and ever)' hope of the future 
to the very verge of utter and irrevocable, ruin. Nothing, to these men, was thought worthy of ad- 
miration but that false, glory which has so often fed mankind to misery, and nations to despair. Nothing 
was deserving the public pursuit but the acquisitions of an insane and maddened avarice. But it is no 
part of my present purpose to review, minutely, the general circumstances which induced the war, or 
the mismanagement, on the part of the Executive, in its prosecution. They will be noticed so far only 
as they aro c nnected with, and are evidences of a purpose, now fully developed in the alarming domestic 
issue which peace has brought. The war, so far as mere military operations are concerned, has ended as 
it commenced, and as it progressed at every step, " in a blaze of glory," undimmed by a single reverse. 
Nothing can surpass the admirable conduct of our armies. Whether as soldiers, moving with the steadi- 
riess of an iron wall in the face of danger, or in the yet higher character of men, performing the tender- 
est offices of humanity and (even) mercy to a prostrate foe, they have reflected the highest credit upon 
the country. But when the whole reckoning shall be made, it is not certain that there will be found, 
beyond this, any great cause of rejoicing. Even this peace, earnestly as peace was desired, looking at 
its conditions, does not. to my mind, present an advantageous adjustment of differences between us and 
Mexico, to say nothing of the domestic trouble it brings. Mexico, who was crushed by our arms, has- 
triumphed over our diplomacy. Overwhelmed on the battlefield, she is victor in the cabinet. She has 
secured to herself terms in the treaty of the highest value for a most paltry consideration on her part. 
Wc have submitted to terms most humiliating and onerous, and what is our return ? A vast increase of 
exposed frontier, most expensive and difficult to defend; but which must, nevertheless, be defended, at what- 
ever cost or inconvenience. 

Those who are so eager to precipitate the country into war for every vague claim which is set up to 
territory inviting cupidity, would scarcely hesitate to defend what is confessedly ours. That wild Quix- 
otism which would involve us in the the domestic difficulties of Yucatan, and of every other country 
under the sun, for the '-sake f Immunity,'' or " to extend the area of freedom, " could not consent to 
the murdering of our own citizens upon our own soil. This new territory mustbe defended then. This 
▼ast country, with small exception, of waste deserts and burning sands, of bleak mountains and arid plains, 
almost without wo d or water, stretching away from the Gulf to the Pacific, must be defended. We 
get that right by the treaty. But we get something more. We stipulate for the privilege of suppress- 
ing all Indian agressions upon our Mexican neighbors along that frontier— of avenging all Indian outrages 
upon them, and of compelling the Indians to make restitmtion. This we stipulated for, it is presumed, 
not only from "high national considerations" (which is now the pretence for every international absurdity 
and insolent assumption of right to interfere in the affairs of others, on our part) but also from a yet 
higher, purer, holier motive, that of humanity. For it is not to be denied, that our Government does 
make prnfessiq is, very ma <y professions of humanity. We arc resolved that henceforth there shall 
be no but hers upon this continent but ourselves. In that branch we intend to monopolize and bar the 
doctrines of "free trade." The work is to be dene in a scientific, • civilized, a christian way. This is 
excellent. It is a point in history. A point from which future events may be dated. Our ''manifest 
destiny" makes this point — and hence we shall progress,- for wearea progressive people.' But whether 
this progress shall be retrograde or forward, from bad to worse, or from good tobettcr "remains to be 
seen " 80 we were told that the permission by our Government, of Santa Anna's return to take the 
command of the Mexican armies, to rouse their drooping energies, inspire them with a determined cour- 
age, and to infuse into them his own savage and cruel passions and purposes, might not be promotive of 
our interests, "remained to be seen." And wc have now seen the wisdom of the order to let Santa An- 
na pass. The gorges of Angostura, the heights of Cerro Gordo, and the valley of Mexico, soaked with 
the gore of our slaughtered countrymen, bear ample testimony of what remained to he seen. These 
events show, too, the wisdom and duty of every good citizen, however unpromising things may appear, 
whatever evil they may bring, to hold his peace, until he sees what remains to be seen. In England they 
nay "the King can do no wrong." Here, we say the same thing of the President, and whoever ques- 
tions either statement is proclaimed a traitor. Let him be hanged, then, if he is so; for a free-thinking, 
brave-tongued man, is dangerous to despotism. And have wc not made cur Presidents despots; set them 
abo\e the Constitution, above all law, and above the will of the people, above every thing except the lit- 
tle restraints which they graciously condescend to take upon themselves in responding to the nomination of 
one of those conventions of self-sacrificing and disinterested patriots, which is held every four years at 
some of our large cities, to select a candidate, and fix upon the forms of speech to be observed during the 
canvaes' 1 This is one of the invaluable contrivances •!' our age of progress. It provides for contingencies 
not foreseen by the framcrs of the Constitution. But then they were only men; short-sighted men. 
They could not discern what wonders "manifest destiny" was to accomplish. They could not 
foresee this great height of progress to which wc were to attain. A real, full robed monarchy under- 
neath, with a plain republican OTcrsuit to flout ostentatiously in the faces of a cheated people. Talk 
of the wonders of steam power, and the lightning line. These are common place, not at all to 
compare with this new patent for royalizing a Kepublican President, and then concealing the coronet 
with an old fashioned democratic bcirver. Our conventions say who is to be President, take his 
pledge— not to support the Constitution, not to execute, faithfully, the office of Pres : dent, and to prc- 
jtrve, protect, and defend the Constitution of the United States." Nothing of that sort— but to adhere 
to the prescribed forms of speech before the election, and the members of the convention afterwards. 
All else is mere form— an empty, sounding, senseless pageant. Party ratifies the choice of the Con- 



vention, and that seals up all individual independence and individual responsibility. AH considerations 
of the public good are tried by the resolves of the Convention and the pledge of the candidate to abide, 
observe, and keep them. If the forfeit in the party bond be a pound of human flesh, the pound of 
human flesh must be paid, though it be to be cut nearest the heart ; or it may be the head of some one 
in a charger — if so, and the damsel claim the forfeit* it must be brought, lor the King has pledged it. 
But if the people ask for some measure of public benefit, to themselves, as the improvement of a harbor, 
where their ships with merchandise may find safety from the. storms of the ocean, or the removal of 
obstructions from a river which they navigate in humbler vessels, worked with their own hard hands and 
strong arms, though their lives and fortunes depend upon the assistance, and at once, the bond must 
be consulted. They ask for bread, and you give them a stone from the bond. They ask for a fish, and 
you hand them a serpent, saying, this is (he pledge; it "is so nominated in the"' resolutions of the 
Convention. These prescribed forms of speech are roost cunningly drawn, too — the same words mean- 
ing different things at different places or different periods, promising all tilings to the people, before, 
and giving every thing to the nominating Convention after the election- If you complain of this, 
you find that these cabalistic words had a double reading. Like the SyhHline oracles, they answer every 
contingency. " Cesar the Roman people shall conquer," satisfies both Ca-sar and the Roman people, 
for it promises victory to each over the other. Emphasis and punctuation settle the meaning. If you 
want that meaning changed, alter your pauses and modify or transfer your emphasis. After the elec- 
tion they can be set rigiit again, and you can then be true to Cesar, and he to the Convention that 
made him great. And he will be so. If you happen to be, like L'assius, of a lean and hungry look, 
Ctesar will improve your condition, though it take the substance of the whole land to give you flesh ; 
for he wants to have about him " men that are fat ; sleek headed men, and such as sleep well o' nights." 
Not such as think " too much," or are ambitious after the election. ''Such men are dangerous." A 
recent Convention at Baltimore, like a former one at the same place, aptly illustrates some of these things. 
It was most prolific in resolves. Not content with re affirming these fatal resolutions of 184 t, " Polk, 
Dallas, the annexation of Texas, and the whole of Oregon up to 64° 4 0'," which cost this nation, as 
will be found when all the bills are settled, little, if any short of one hundred and fifty millions of dol- 
lars and the lives of from twenty-five to thirty thousand of our brave countrymen ; not content with re- 
affirming these, the late Convention actually reproduces the creation of the world, recapitulates all past 
history, proclaims anew the Declaration oi Independence, sketches the present condition of the human 
race, and winds up with a most rapturous prophecy. 'This is called a declaration of political principles, 
a platform of political faith. And yet there is not one tangible or prat tical thing in it, pertaining to 
our present embarrassed condition, about which there is any difference of opinion in this country, that 
is not in itself untrue with its present punctuation^ What changes will be made in the import by an 
alteration in the pauses of this "declaration of political principles," "remains to be seen " "Pro- 
gress" will doubtless modify it ; and its lights will be greatly heightened and its shadows much deepened 
by peculhr ' i cf, '■ nal rcaings. The light of liberty will blaze up from it at the North., and the dark- 
ness of slavery will rest upon it at the South. We have had a war from the resolutions of 1844. They 
are re affirmed by the Convention of 1848. We were to have Oregon up to 54° 4»' or a fight, in vir- 
tue of the first proclamation of those resolutions ; we have had the fight but not all of Oregon. Are 
we to understand that the issue is again tendered, all of Oregon or war ? It is said that these platforms 
are to enable the people to understand the position of parties. What now is the position of these plat- 
form builders on that one point 1 The war we have had was not for Oregon. It was for Texas, to 
obtain winch we were told four years ago, was of the highest importance to ensure permanent peace, 
"its western frontier being a natural, an impassable barrier — the desert between the Nueces river and 
the Rio Grande, the great American Sahara, over which an army could not possibly pass. This boun- 
dary, traced by the hand of God as a division between two great nations, a strong wall of defence and 
sure protection to each against all aggression from the other." This was to render useless at least one-half 
the force, then not exceeding eight thousand men, kept on the peace establishment of the army. That 
was what wc then heard, so constantly, so earnestly, so vehemently said that our people came to believe 
it. Now we are told by a most respectable and intelligent gentleman from the Committee on Military 
Affairs, (Mr. Bwrrr, of South < arolina,) that, looking at the actually existing state of things on account 
•f our ncw^ acquisitions and their incidents, the peace establishment of the army will necessarily be in. 
creased, and that it will probably be unsafe to place it at less than twenty thousand men. That is an 
additional item gained then by our new acquisitions and treaty. For this have we spent so many mil- 
lions of money and sacrificed so many valuable lives, and must yet pay to Mexico fifteen millions of dol- 
lars more, and an amount to our own' citizens of her indebtedness to them of from three to six millions, 
according to the showing of the President. Such is our "indemnity for the past and security for the 
future." Such our " to •ottered peace. " 

Sir, when this proposal to annex Texas was presented to the people of the non-slaveholding States, 
notwitlK-tanding the advantage of getting it as a kind of Gibraltar to our rich possessions already owned 
in the South, we objected to it, because we suspected, from some indications, that the design of the pro- 
jectors of the movement was the extension of the institution of slavery. We were opposed to that. We 
are yet epposed to it. We did not then feci disposed, and are not so inclined now, to interfere with the 
institution where by existing laws and past compromises it had been sanctioned. We were disposed, in 
good faith, to abide by those compromises, though we felt that their operation was in some respect* 
grievous to us. But they were compacts proposed by patriotic statesmen of the past, to harmoni/o dis- 
cordant elements, and blend into one great growth of union and strength opposing interests anseh»tract- 
ing conflict The people of the States had accepted and ratified this compact. It had become a strong 



bond of union around us. A fixed and determined feeling of brotherhood had grown up within it and 
rveted us together. We of the free States were content with this — more than content. We were re- 
solved that this brotherhood should continue forever. We were not approvers of this institution of sla- 
very. We thought it wrong, morally, socially, politically wrong — injustice to the man and an injury to 
the master. But then, we had territory where we could stay away from the evil, and we did. We 
would not live amongst slaves, nor permit slaves to live amongst us. We understood, too, something 
of the situation of our brethren in the slave States, and the Influence that situation was beginning to ex- 
ert upon their own minds on this subject. It was plain that in some places the slave population was be- 
coming a burden ; in many others, had ceased to be profitable, and that public attention in such places 
began to look about for some wise, efficient, and safe system of emancipation. We were not indifferent 
or unfeeling spectators of this scene. We could not be so. It was our brethren who were thus en- 
gaged in searching out a way of deliverance from an approaching danger. Our whole heart was with 
them. We but waited to know if they would accept our assistance, and how they would have us serve 
them. We sought to enforce nothing upon them. We did not suppose, of course, that the slaves, 
altogether, or even in large numbers, would be manumitted without some previous preparation for then- 
change of condition. We never supposed, cither, that they would be turned loose at the doors of their 
masters, unprovided for, to sink at once to a depravity far below what any state of, bondage ever knew, 
to become mere animals of licentiousness and passion, to prey upon their former owners, and be resisted 
by them in turn until a war of extermination should close the horrid scene. We desired none of these 
things. We expected none of these things. We would consent to none of these things. We would 
oppose them ; if need be, we shoul.l appose them with determined force. For whil we concede that 
we cannot rightfully interfere in the private or domestic concerns of our neighbors as long as they do 
not, in fact, molest us, or seriously threaten our safety, we do not admit that we may not, properly, in- 
terpose to suppress insursection or violence in any part of our common country, orupen a reasonable 
prospect of such a disaster, adopt antieipativo steps to prevent it. 

It is safe to say, that upon this whole subject of slavery, where it exists, the doctrine of non-inter- 
ference is the doctrine of the body of the people of the free States. A few, doubtless well meaning, but 
as unquestionably misguided persons, have gone further. Their strong love of human liberty and 
overwrought philanthropy have broken down their discretion. They have overlooked the tact, that by 
their sudden emancipation from the ma?ter, they have not freed the man. For to be free, there must 
be something more than breaking oil the chains that bind the physical man. The mind Must be re- 
leased from its dark prison. And every one, at all conversant with the present condition of the slave 
population in this country, k::ows perfectly well, on this very account, if they were all manumitted to- 
day, they are still powerless except for evil. For that, they would have a fearful strength, The very 
object, therefore, of emancipation, would be blasted by the violence and intemperance of such means as 
these ultra.men propose. These ill advised projects are not wholly confined to a location in the free 
States; they are found elsewhere in some instances. And yet the free States — the People of the free 
States — the Representatives of the free S tates in this and the other end of the Capitol, except so far as 
certain partizan organizations find it prudent to make exemptions, are denounced in unmeasured terms. 
The boldest figures of speech, and the coarsest epithets are used to characterise us as monsters, having 
no reason in our heads, and no humanity in our hearts. We are charged with being the disturbers of 
the Union — with meditating the murder of our brethren, and the destruction of their property — with ap- 
plying a torch to their dwellings, and placing a knife in the hands of the assassin. And these strong 
accusations against us are scattered broadcast through the South, by gentlemen who seem anxious to 
be regarded as the peculiar friends of Southern interests, and the especial champions oi Southern insti- 
tutions. Sir, permit me to say, that the South has no worse enemies than these same self constituted 
and clamorous defenders of- her rights. And there never has been such deep treason against this Union 
in any other thing, as in this constant and groundless defamation of those who have ever been, and ever 
■will be ready to peril every thing for her safety, however it may be endangered. We never dreamed f 
such things as are imputed. No one citizen of any free State ever harbored such thoughts. Our 
friends at the South greatly misunderstand us, if they suspect this, (for they cannot believe it.) If they 
do not suspect it, they do themselves as well as us great injustice by such representations. We want 
no misunderstandings. We will be the cause of none. Our course is open, direct, candid. Wc are 
against the extension of this institution. Our purpose is, and ever has been, freely, openly, and often 
avowed, to prevent that extension by all the means which the relation wc bear to each other will sanc- 
tion. Hence, supposing that extension to be at the bottom of the project of annexing, or as it was de- 
ceitfully called, re-annexing Texas to the United States, we opposed it upon that ground. But a fan- 
speech came to reconcile us on that point. We were assured, that Texas being large enough for five 
States, only two of which, from the character and climate of the country, wouid be planting States, a? 
they are termed, where there would be an inducement for slave labor, would tolcraU this institution, 
while the other three States, being better adapted to grain-growing and grazing, would be free States-. 
We did not approve even of this. It was yielding a principle. And we feared that evil lay behind the 
concession. But still it looked like a reasonable compromise, if we were disposed to make further com- 
promises ; and we were appealed to by every high and cherished consideration of the past — every hope 
of the future, to make the concession against our settled convictions of right and duty. That appeal^ 
with other appliances, of mere reckless and desperate partuanship, had its effect. The concession was 
made — Texas was admitted — Texas this side the "great natural boundary, tlie stupendous desert." 
No advocate of the measure then pretended that we were annexinrr the valley of the Rio Grande. That, 
by its friends, was expressly denied. Our people did not think of Santa Fc znd the other Mexican «(• 



5 

dements dotted along dawn the skirts of the Great Desert and on the Rio Grande to Point Isabel, and 
their half civilized, half savage population, " with their flocks and herds," as fit for a citizenship in this 
great Union, as their debased, grovelling, piebald owners. Even Texas, with all her modest reluc- 
tance at yielding her virgin charms to our embrace, did not think worth while to suggest, that if we per- 
sisted in tliis aet of rudeness, our hands would feel the thorns of the chapparal No, sir. She, with a becom- 
ing coyness and bashfulness. with downcast eyes and crimsoned check, was barely able to whisper that she 
was ool-ged to us fur these kind attentions — this amorous advance,- but that she was too much orer- 
eorne. witn emnt on fur explanation* jest then. Besides, England had been paying some Hi tie atten- 
tions to her. She wig/it have encouraged those attentions so far a- to awaken expectations that her 
honor would require tube redeemed, though sht confessed her affections did not incline her towards 
England. All this was said with such an unaffected artlessnoss — sueh a witching simplicity, and with- 
all, such a plain preference for us, that we were quite 'overwhelmed. cSo was she; and like a true and 
modest damsel, as she was, knowngi no wiles, withdrew, covered with confusion, leaving jealousy towards 
Our old rival, England, and our sympathy for her "lone condition," to work her wishes. The game 
was cunningly played. That settled the question. We resolved to have Texas. We flew in the face 
of England, forbid the banns, forbid all further intercourse. England denied any design beyond the 
mere courtesies of life. Said it was no more than a platonic flirtation. But we did not believe a word 
of that. A superseded rival always conceals mortification with falsehood. It was clear England did 
intend to take Texas. To prevent this, anil seeing that shewas a "lone star," we resolved towed her, 
and at once. We did so. And now we are jeeringly told by one. of her chief servants a distinguished 
Senator from that State, (Gen. Houston,) who was an adviser in that whole affair, in full intimacy with 
every movement, knew every thought and all the purposes of Texas, that this whole story about Eng- 
land, which so fired our blood and made us " haste to the wedding," was a sheer fabrication, a piece of 
" harmless corjuclri/." Was ever artifice so consummate 1 In every respect) had intrigue, ever so great 
a triumph, a more complete victory over an intelligent mind, unless , there be a parallel in our late un- 
fortunate treaty with Mexico ) Brother Jonathan had better put an end to his gallantries with Southern 
belles, until his blood shall be tempered a little more with age. First, he is tricked with a flirt, and then 
bamboozhd by her withered and time bleached mother. 

We were apprehensive that this hasty Union might provoke a war with Mexico. But that suggestion 
was scouted — was held to be absurd. Mexico was too contemptible to think of a war with us. We 
could crush her in an hour. In blood and in sorrow ivc have proved that error. We have Texas. 
Where are the three free States! It is all slave Territory, every foot of it. By the resolutions of an- 
nexation, a shadowy restriction was imposed north of thirty six degrees, thirty minutes ; but she comes 
afterwards with a Constitution recognizing and establishing slavery in her entire territory, and forbidding 
any legislation which shall exclude the importation of slaves into any part of it. 

We are not blind nor insensible. In private affairs this would be called a fraud. We see and f§d that 
in this we have not been frankly treated. We were willing to let it pass, though it is plain that those 
two great influences, the one of population, the other that of things ceasing to he property when they 
cease to have value, which, in silent but increasing strength, have been laboring for the freedom of 
man, have had their consummation pressed still further into the future. 

Mr. KAUFMAN. — Does the gentleman from Indiana mean to intimate that Texas has violated her 
faith in this particular? 

Mr. DUNN. — " The gentle nan from Indiana weans to intimate" nothing; but to state a fact; 
a fact stamped upon the face of the Constitution of Texas 

Mr. KAUFMAN — The gentleman does great injustice to Texas, if he means to charge that she has, 
in any wav, violated the terms and conditions of the joint resolution of annexation. She has adhered to 
those terms in good faith, and intends to do so hereafter. The joint resolution of annexation is a part of 
her Constitution. 

Mr. DUNN. — And yet her Constitution recognizes shivery as existing in every part of her territory, 
establishes it there, both above and below the line of 30° 30', and contains an'ex press prohibition against 
her legislature ever, in any way, interfering with it. Which shall prevail in Texas, the joint resolution, 
or the Constitution of the State? Will the gentleman from Texas, who belongs to the Slate rights 
school, tell us } 

Mr. KAUFMAN —Texas is a sovereign State, and her Constitution is her supreme law. Yet she 
never intended to extend slavery beyond the line of 36° 30'. She was compelled to make her Consti- 
tution general, and therefore the provision referred to. 

Mr. DUNN.— And because she made the provision general, the result is, of necessity, general. It 
is her genewl law. It prevails all over Texa~, and slavery with it, equally above and below 36° 30'; 
and Whenever a controversy shall arise, does any body suppose that Texas will yield any part of her 
Constitution to this joint resolution of Congress, or that any court would hold her bound to do so? 
The proposition is too clear for controversy. The gentleman will not change the issue. The question 
now is, hot what Texas intended, but what has she done ? 

But to proceed : By annexation, in the very teeth of the declaration made all over this country in 
1844, war did come. " Ten millions of dollars', or less, and a little prudent diplomaej would have pro- 
cured us Texas without war, without the squandering of a hundred and fifty millions of dollars, and 
the cruel and wanton sacrifice of so many brave men. This alarming sectional question, which has 
been well compared to the "sound of a fire ball at night," would then have bean settle! in advance of, 
or with the acquisition. But a Convention had resolved upon other means than diplomacy or money. 
We were to have Texas at once — to day — immediately — now. Mexico was not to be consulted. Every 



3U°-gestion of the prudent — every expostulation of the temperate — every appeal of the wise, peace- 
loving, patriotic statesmen of both the great parties of the country were denounced as sheer factious- 
ness. 'The honor and plighted faith of the country went for nothing. Whoever made opposition to 
the resolutions of that Convention were held as at enmity with the great cause of human liberty — " the 
extension of the area of freedom" — the sublime doctrines of progress. The behests of the Convention 
triumphed. Still it was hoped that a portion of the anticipated evils of this rash measure might be 
avoided. It was hoped that this violent aggression upon the feelings of Mexico, (conceding that in 
strictness her right* were not invaded, ) this rank insult to national pride might be smoothed over- That 
a conciliatory spirit on our part might heal the violent breath. The joint resolution of annexation con- 
tained a provision, brought forward by a distinguished member of the Democratic party, (Mr. Bkntox,} 
and sustained earnestly by the wisest and truest statesmen and patriots of all parties in the country, by 
which the way of reconciliation was opened. The alternative of propositions was left w.th the Presi- 
dent. Of course, we supposed the pacific measure would be chosen. It was not so, however. A 
warlike attitude was assumed towards Mexico. Our fleet was seat to hover around her coasts. Our 
armies to hang upon and threaten her frontier. We despscd her mortification. The expiring admin- 
istration of Mr. Tyler had elected, in its last hour, and under the special importunities of the incomingr 
President, the dangerous alternative, and hurried oil* a messenger, at midnight, to Texas, to cany it into 
effect. Next day the present administration came into power and could have checked the threatened 
evil. It was not done. The Mexican minister withdrew from this theatre, and hisses followed his re- 
tiring footsteps. At the next session of Congress the annual message of the new President endorsed 
this act of his predecessor, in electing the dangerous alternative on the subject of annexation. It was 
avowed as meeting the cordial approbation of the new administration, and the country was congratula- 
ted upon the fact that annexation had been "a bloodless achievement," and that all apprehensions to 
the contrary had proven mere shadows. Great credit was claimed for the wisdom and firmness of our 
Government on this subject. It had taken high ground, such as became our dignity. When Mexico 
expressed a willingness to receive a Co minis rii.ner to settle the Texan controversy, as was contemplated 
by Congress should be the case, when the conciliatory clause was inserted in the resolutions of annexa- 
tion, our Government, true to its high sense of dignity, sent a Minister, with full jtowers, to re- 
side near the Government of Mexico, and insisted that he should be accredited as if the friendly re- 
lations between the two countries had not been suspended Mexico objected to this as in violation of 
the etiquette of nations — insisting that the mission should be special, to adjust a defined controversy, to 
determine whether amicable relations between the two countries should be resumed. That this was necessa- 
rily antecedent to the recognition of a Minister, whose very character admitted the existence of friendly 
relations. Such, it is believed, is the conceded etiquette. Why did we stand upon such a point, when 
ra'sed, knowing it to be against us ? (A fact that will hereafter be noticed explains the motive.) But, 
we reply to her "that we do not stand upon ceremonies and conventional forms," (although, in fact, 
then insisting upon them,) that we were a law unto ourselves, and had strength enough to prescribe 
our own system of international intercourse ; and that we would do so. There is our navy riding in 
your waters ; there are our armies ready to fall upon your exposed frontier. Will you receive our pltn- 

ipoientiary ? answer the question. Mexico responds, "my dignity forbids a consideration of this 

question under your menace ; withdraw, your fleets and armies and I will hear your proposition." This 
we but partially do, and soon again display our force threateningly in her presence, make a nearer and 
more significant advance ; we blockade her navigable waters, through which her merchant vessels pass, 
and cut off" the trade of her citizens. Our armies are ordered to move upon her towns and posts, caus- 
ing her citizens, her revenue and other civil officers, to fly from their homes and posts of duty before our 
menacing advance, leaving their dwellings and public buildings in flames, kindled by their own hands to 
deprive us of all convenience from them. W r e entered upon territory where she not only had towns 
and cultivated fields, owned and occupied by the Mexican race, speaking the Mexican language, ac- 
knowledging their allegiance to the Mexican Government, submitting to Mexican authority, governed 
by Mexican laws, administered by Mexican officers whose commissions were from the Mexican Govern- 
ment, but where there were also military posts occupied by Mexican troops, commanded by Mexican 
Generals. Upon territory where Texas never had a possession — never exercised authority for one hour — 
never had a civil officer, and where no citizen of Texas ever set his foot but in peril of his life. Where 
Mexico from her independence of Spain had ever been, and still was to that moment, the sole and un- 
disturbed occupant a<id nope ei :n We did this; and. as every sane mind observing the facts must hare 
foreseen, a collision was the consequence. Congress was then in session and wholly unadvised of these 
extraordinary movements; the same Congress which, only a few mouths before, on opening its session, 
had been assured by the annual message that although Mexico had "until recently" occupied a hos- 
tile attitude towards the United States, yet she had "■mad- ".o aggressive move-nent '•/" and other en- 
couraging assurances had at the same time been given in this annual message, that amicable re- 
lations would speedily be restored between the two nations. Not a word was uttered to disturb the 
public repose and confidence in continu 'd pea 'e until the peal of cannon roused us to arms. All 
had been quiet. No note of alarm or anxiety from the department in charge, of our diplomatic rela- 
tions. The Secretary of the Navy was, so far as could be seen or heard by the public, as listless and as 
"idle as a painted ship upon a painted ocean." No orders were observed to be issuing from the Depart- 
ment of War. So things appeared, when, in truth, a wave of power, of Ejlc ut ve power, as stealthy 
and as terrible as death, was lifting this great nation upon its strong bosom, and bearing it onward to a 
sea of blood. All these military and naval operations had been regularly and steadily advancing to inevi- 
table war, under the eye and guidance of the President; with the consequences as certain and as palpa- 



ble, to his view, as that the coming of the morningsun should bring light to the living. And yet the Con- 
gress of the United States, the department clothed by the Constitution of the country, with the war mak- 
ing power, is kept in profound ignorance of the approaching danger, and of the means in progress to 
hasten it. Ordinary vigilance is quieted by assurances that "all is well" And then, when the war, 
thus brought on, thus commenced, is actually in progress. Congress is advised that Mexico had assailed"' 
■us and commenced hostilities — had begun the war ; and means were asked to defend our soil, rescue our 
army, vindicate our national honor, and "conquer a peace." As if to forestall public investigation into 
this most extraordinary affair by procuring a legislative endorsement in blank, in the dark — wholly in the 
dark, (for no time for investigation Was given, on the contrary, actually refused, ) the declaration that 
Mexico had commenced the war, was deemed in lispettsable to the granting of relief to our perilled army. 
A fact must be made by law, as it had not occurred in the course of events, to shield delinquency. 
Well, sir, prompt and ample means were famished to the executive. All that was asked, and beyond, 
what was used, until more than one entire year had passed, although die force in the field, during ad 
that time, was too weak for efficient or extensive operations, and from its very weakness, insufficient sup- 
plies and imperfect appointment, constantly exposed to imminent hazard, and subjected to sufferings and 
privations which disgrace our Government. From that time, until recently, this war has raged. Our 
armies, small and ill provided as they were, have achieved a succession of surpassing and most briliant 
victories, overthrown and put to flight ali opposition, spread over and occupied a vast region of country, 
and utterly crushed the power of Mexico. This has brought us peace, such peace as it is. These 
events have been referred to in no spirit of fault-finding — certainly from no desire to point out improper 
conduct on the part of any public functionary. They arc histdfcea! incidents that ought to mortify and. 
grieve every man who loves his country, her true honor and prosperity. But, mortifying as these 
tilings are, they are now iixed. immovable tacts. They are truths graven by ill- iron pea of history, 
not to be blotted out or obscured. They belong to the past, and cannot be recalled. Neither the pream- 
bles t» laws, nor legislative resolves can, in the slightest degree, affect them. God does not permit truth 
to be changed or modified. It may be misunderstood, misrepresented, but it must, and v:il>, still stand- 
the same unaltered, unalterable, inflexible, and laithful memorial of the past. It is a part ef its great 
author's throne, and must endure. 

This deep betrayal of a public trust, by high handed usurpations and abuses of power, wisely with- 
held by our fathers from the Executive, the better to secure popular liberty and personal rights from in- 
vasion and to give permanence to our institutions irrfdrm and spirit, as originally organized, is referred to 
because it is a connecting link of purposes, in regard to the institution of slavery, now apparent, if we 
follow up the chain. The extension of that institution, first by the annexation of Texas, and that done, 
to give it a yet wider theatre upon territory acquired by conquest — the conquest being designed for that 
and no other purpose. A few more well established facts will make this clear. And here comes the lact 
showing why we insisted upon Mexico receiving a minister with full powers, instead of a commissioner, 
as she proposed. It is now conceded, that when Mr Slidell was first sent to Mexico under a pretence of 
negotiating a reconciliation, he was authorized to offer a large sum of money for the cession of further 
territory to us by Mexico. He was required to listen to no terms of settlement that did not adjust finally 
the claims of our citizens upon the Mexican Government — then estimated and represented by the Execu- 
tive of this Government to exceed live millions of dollars. That or war was the secret alternative of the 
President. Mr. Slidell was expressly told that Mexico could not pay this in money, and that " fortu- 
nately the joint resolutions of Congress for the annexation of Texas to the United States presented the 
means of satisfying these claims, in perfect consistency with the interest, as well as the honor of both' 
Republics." How was this * Why in "giving to us the settlement of all questions of boundary with- 
other governments, andyhat if Mexico would yield to us a desired boundary," (that is, sell us more terri- 
tory,) we would assume this debt to our citizens. What was this boundary? The whole course of the 
Rio Grande, from its mouth to the source, thence due north to the forty second degree of north latitude. 
If Mexico would let the boundary embrace that portion of New Mexico on the other side of the Kio 
Grande, we were to pay five millions more to her ; and if the boundary should be fixed so as to run west 
to the Pacific, embracing Upper California, as high as twenty-live millions were authorized to be given 
in addition to the assumption of the debt to our citizens. These were the instructiens. A digression 
may be pardoned here, to remark, that these instructions to Mr. Slidell present a strange nconsistency with- 
the assertions of the President, and the gentleman from Texas, and their friends on this floor now made, 
that all the territorv acquired by the blood and treasure of the country in this war, on this side of the Kio 
Grande, belongs to Texas ; for, in these instructions, it is expres: ly declared that the claim of the Rio 
Grande as the boundary of Texas does not apply to JNew Mexico. That no portion of it was embraced 
within the limits of ancient Louisiana. That Santa Fe, the capital of New Mexico, was settled by the 
Spaniaids »ore than two centuries ago, and the province had, ever since, been in their possession and 
that of Mexico. That the Texans never had conquered it, or taken possession of it, nor had iu people 
ever been represented in any legislative or other assembly of Texas. 

Mr. KAi FMAN. — It is true Texas had never had po tesaion of any part of the valley of the Rio 
Grande in New Mexico, or of New Mexico, but all on this side the Kio Grande was hers by the trca y 
with Santa Anna, made after his capture at Ban Jacinto. 

Mr. DUNN.— A "treaty with Santa Anna !" Texas never made a treaty with Santa Anna. The 
gentleman is suielv too good a lawyer to call an agreement wrung from the lips of a bound and tremb- 
ling prisoner, with a swordpoint at his heart, a treaty. An agreement, on its lace contradicting, in 
terms, the idea of its being a treaty, but simply promising the personal influence of Kunta Anna to in- 
duce the Mexican Government to confirm by a Ueaty afterwards to be negotiated at tke city of Mexico 



8 

by Ministers Plenipotentiary to be deputed by the Government of Texas for th>'s high purpose.'' 
These are some cf llie high-sounding words of that remarkable paper, most remarkably obtained, and 
since put to most remarkable uses. A treaty concludes all matters upon which it operates. It must 
be made by the treaty making power, and in pursuance of the forms of law, by free agents. Not one 
of these elements belongs to this paper. Santa Anna had no power to treat- The Mexican Govern- 
ment had 'Xpcssly vested that power elsewhere. He was a prisoner, in fear of death, bargaining for 
life and liberty. He did not profess to make a treaty, but promised to try and have Mexico to do so. 
Texas did not understand it as a treaty. She would not so have received it. Just the reverse. For 
she stipulated, so soon as that paper should be signed by certain other military associates of Santa Anna, 
to release him immediately, and send him forthwith on one of her Government vessels to Vera Cruz, 
" ni order that he might more promptly and effectually obtain the rctificaticn of that con/pod, and 
the negotiation of the definitive treaty t«i:k>;ik cowtkbpiatkb, by the G(.vkkkmi:nt ok Mexico 
lu'Jhthe Government of Tex s." Sh* required of Santa Anna, in that paper, and his associates, to 
pledge themselves, should "the Mexican Government refuse, or omit to execute, ratify, confirm, and 
perfect" the stipulations contained in that paper, " t>y treaty, " that they (Santa Anna and these asso- 
ciates) would '"not, on any occasion whatever, take up arms against the people of Texas, or any por- 
tion of them, but should consider themselves bound, by every sacred obligation, to abstain from all hos- 
tility towards Texas or its citizens." This is the language of that agreement — void agreement, even as 
to Santa Anna and his associates, tor it was fircid from them when imprisoned, by threats of death. 
The Mexican Government refused to sanction any part of it. ' And yet the gentleman says it bind? 
Mexico; that Texas obtained the whole •alley of the Rio Grande, and that river as her boundary by it, 

Mr. KAUFMAN. — Gen Filisola and three other Mexican- Generals who never were prisoners re- 
cognized this treaty as binding, and signed it, after it had been-made by Santa Anna. Mexico received 
the advantage of the treaty. 

Mr. DUNN. — The gentleman still calls that "a treaty," which has no single element of one, and 
expressly purports not to be a treaty. Admit that it was approved and signed by Filisola and three 
Other Mexican Genera's who were not prisoners, that imposed no greater obligation upon the Mexican 
Government. They had no more authority on that subject than Santa Anna. They signed it, at his 
instance, to procure his release. The act might bind them not again to appear in arms against Texas 
but their Government was not implicated in their promise. They were the mere instruments, tools of 
•war, in the hands of that Government ; no more, it is an abuse of speech to say that Mexico derived 
advantage from that agreement, and a worse abuse, both of speech and of common sense, to call it a treaty. 

Mr KAUFMAN — The Constitution of Mexico of l«24 had been overthrown by Santa Anna, 
and was no longer in existence. He was a military usurper — the Government de facto of Mexico — and 
she was bound by his acts. 

Mr. DUNN. — 'A hy then did no f Texas make a trrtgy with Scuta Anna — this Government de fac- 
to — instead of taking, exac'ing vender penalty of death, his promise to '-use his personal influence" tcr 
induce Mexico (which this very agreement shews Texas then knew and conceded had a Government de 
facto et dejure, independent of Santa Anna,) to ratify and confirm his stipulations, given to save his 
life and obtain his liberty, " by treaty .' ? '' W hy did Texas insist that this " treaty," as the gentleman 
calls it, which he says was made with Santa AnnSf, " the Government de facto, should be " signed " and 
as he says, "ratified," by Filisola and three other Mexican Generals' 1 Were they Governments de 
facto also, or were they only a part of this military usurper, of Santa Anna ? If Santa Anna was the 
Government, where was the use of all this circumlocution ' Sir, in all candor, the gentleman ought to 
admit that his history and his logic are both wrong. There is nothing, absolutely nothing, even plausi- 
ble in either. Gen. Jackson once had occasion to refer to this matter. His opinions are, doubtless, 
beld in respect by the gentleman. He thought it was absurd to regard this as a treaty ; even as an 
agreement by Santa Anna, he dechved that it was void as to him also But while the gentleman insists 
that this is "a treaty'' and binds Mexico, and takes us t" task as he did yesterday in his very excellent 
speech, because we are unwilling to surrender to [Texas nearly one half of the territory acquired by out- 
arms in this unfortunate war, and calls this opposition " Punic faith," will he inform us how Texas 
kept her part of this solemn treaty with Santa Anna ? Did she "immediately release'' him, and forth- 
with cause him to be conveyed to Vera Cruz in one of her national vessels ' She " solemnly engaged 
to refrain from taking his life," in tender consideration of his liberal promises. In this she complied. 
But in what else ? Sir, she brcke her faith to her bondsman ; she mocked the prisoned eagle. W as 
that worthy of Texan chivalry ? 

Mr. KAUFMAN. — The Government of Te^as immediately proceeded to comply with its promise to 
release Santa Anna. The excitement of the army and the people of Texas (many of whom had sons and 
brothers murdered by Santa Anna) was so great as to prevent the design of the Texan Government 
from being immediately carrieu into effect. When the excitement subsided, he was promptly released 
and safely conveyed out of Texas to this city. 

Mr. DUNN. — Santa Anna deserved to die, for his many and horrible cold-blooded and cowardly 
massacres. Had he received what he sorichiy deserved then, many an aged parent could still lean for 
support upon a noble ron, who has been made childless by an official communication laid before this 
House at the present session, in these brief and remarkable lines : 

"(Private and confidential) U. « Navjt Depahtmv.mt, May 13th, 1846. 

Co.MMOTioitK : If Santa Anna endeavors to enter the Mexican ports, vou will allow him to pass freely. 
Respectfully, yours, GEO. BANCROFT." 

Com. Coxkbb, Commanding Home Squadron. 



It is not st ramie that there should have been a deep feclins: of resentment towards such a mon- 
ster, amongst a people whose brave and constant hearts he had so often torn with a fierce and cruel hand. 
But it is a matter of surprise that the Government of that people should make " a treaty," as the jrentle- 
man styles it. with this arch -felon of the age. The brave and true-hearted Lamar was right. He pro- 
tested against the whole proceeding — "Let him die," said he, his "pledges are lighter than the 'moon- 
shine's watery beam.' I would teust them as I would 'a dicer's oath.' " Butif Texas made "a treaty," 
she should noi liav. [been the tir-t to break it. and then insist upon its observance in her favor. It is no ex- 
cuse to say the people were excited. The promise of the Government should have beeh fulfilled, and it 
could have been done, for Santa Anna was beyond the reach of violence. He had been sent aboard a 
vessel. He was brought back and thrown into pri-on. and Iheie kept for several months ; and he was 
not released, as the gentleman says, when the excitement subsided, and sent to the United States. He 
remained there until, on the application of General Jackson, then President, he was "dispatched to 
Washington city," says the historian. lie was still a prisoner of war. He was finally sent to Mexfoo 
in one of our national vessels. But let that all pass. Texas was then a " lone star." She is now one 
•f thirty. May she, with them, in all coming time, shine on in harmony, and grow brighter and 
brighter forever. 

Will the gentleman allow me to call his attention to some other facts which will prove how much 
justice there is in the demand made for his State, of the whole valley of the Rio Grande ' On the 
$d of June, 184f>, after the declaration of war against Mexico, the President, through his Secretary 
of War, in a communication marked "confidential," instructed Col. Kearney to 'Iconqtar" Santa 
Fe, take possession of, g irrison it, and establish temporary civil government therein. The order was 
also to extend to the whole department of New Mexico, and likewise California ; and this order was 
obeyed to the letter by that officer. On the sixteenth of the same month, the President, through his 
Secretary of the Treasury, instructed the Collector of Customs at New York, to pay drawbacks to cer- 
tain persons on goods imported into the United States, aivl then r< ken to Snnlci Fe. Had it been a. 
part of Texas, could either of these things have been done ? No one will pretend so. But the President 
again, in his annual message, in December, 18-46, says — " By rapid movem -nts the province of New 
Mexico, with Santa Fe its capital, has been captured without bloodshed." Further still, he says — 
"in less than seven months after Mexico commenced hostilities, at a time selected by herself, we have 
taken possessi»n o : many of her principal ports, driven back and pursued her invading army, and ac- 
quired military possession of the Mexican provinces of New Mexico, New Leon, Coahuila, Tamaoli- 
pas, and the California.?, a territory larger in extent than that embraced in the origanal States <A' the 
Union, inhabited by a considerable population," &c. So, too, was every foot of earth in the valley ot 
the Rio Grande, from its mouth to the source, down to the. commencement of hostilities, to the time 
when Gen. Taylor moved to the east bank of that river, apposite ?datamoias, (as the President in his 
message of December 8, IS-ifi, says, under order* issued to trim. from the War Depratment,) as fully 
under Mexican dominion, and as free from the control of Texas, and had ever been so, as Santa Fe or 
any other part of New Mexico. Texas never ventured to that valley or to any part of it. until she 
was able to do so under the shadow of the conquering arms of this Union. NV 111 the gentleman from 
Texas attempt to controvert thai ' 

(A voice. — Texas had posses-ion beyond the Nueces.) 

Mr. DUNN. — Suppose she had, it does not follow that such possession extended to the Rio Grande. 
or near it. That her possession extended beyond one point, doe* not prove it reached another. She 
never had any possession beyond the desert between the two rivers. Her possessions beyond, the Nue- 
ces were very limited. The;, were confined to the valley of that river Her title being of the sword, 
her territory stopped at the point up to which that sword had taken and In Id possession. And now it 
is declared that the whole vadev this side of the river, including "Santa Fe, the capita] of New Mex- 
ico," with one half nearly of 'that province -this whole valley, eighteen hundred miles in length, 
abounding, as the President represents, in all the elements of agricultural and mineral wealth, acquired 
by the common resources of this Union, belongs to Texas, and not to this Government: belongs to- 
those. whose quarrel has brought desolation to a thousand happy homes, and filled this broad land 
with grieved hearts, with widowhood, with orphanage, and with childless parentage! This vast val- 
ley, so anxiously sought by our Government, and obtained at such great cost, is to be surrendered to- 
Texas to aid her in the payment of her debts, and to swell her coiiers. and spread out, in spite of the 
public sentiment of the country, the. area, not of freedom, but of slavery ; for so far as Texas is con- 
cerned, let her limits be what they may, large or small, that question is now settled. There can be iuj 
compromises on the subject of slavery which will affect the Texan territory, and the more the friends 
of the extension of this institution can plunder from the national domain at the South, and throw 
into the limits of Texas, the further they extend their wishes and their institutions, m spite of all op- 
position. But let it not be disguised that in this very act of bad faith, if persisted in, not only to 
the non-slaveholding Stat s, but to the people of" the whole Union, the prospect of a friendly compro- 
mise of this alarming subject is greatly diminished. 

A further fact in support of the position that this whole movement has now. as from the first, in new the 
extension of slavery is, that Mr. Shdell was urged to procure as much territory "south" of certain points 
as possible. "The more the better," soys the President through his >ecrc!ary of State. All this, with- 
out the knowledge or consent of the nation at large, or either branch of ' Congress; kept in ugid secresy 
under the guidance and control of, as it was originated by men avowedly resolved on the perpetuation of 
this institution, and now sustained by the entire Southern friends of the Administration on this Hoar and 
elsewhere. It is due to the Whigs of the South to say, that they have not been aiders in bringing about 



10 

these difficulties. They, with the Whigs of the North and West, earnestly protested against the whole 
movement as one fraught with imminent hazard to the Union. Nor will they now, it is believed, sanc- 
tion this palpable fraud upon the rights of the free States, and of the whole people. In the spirit that 
animated their fathers, they say. let justice be done to all, and in mutual concession and compromise let 
us reason together. We are brethren: why should there be strife between us. In the feeling of a true 
brotherhood, let us be reconciled. The Whigs of the free States understand this appeal— they appreciate 
jts spirit. It is the language of their own hearts. Their response is, let justice be done to all and the 
Union is safe. Justice must be done to all, and the Union must be preserved. We desire no sectional 
parties, and will make none. If they come, they will be made to our hands by those who not only keep 
chains upon the human body, but would also put bonds upon the free spirit of man. When the war broke 
eut, there was, a* might have been expected, a deep displeasure in this country at the improvidence that 
brought it on, and strong murmurs were heard. The Executive denounced this as giving aid and com- 
fort to our enemies. The cry was caught up, and for party purposes rang throughout the land. Every 
true and proud-hearted freeman despi-.ed the slander, and pittied its authors ; and continued to think on, 
and speak on, and act on, as became a freeman, in accordance with what he believed the public good re- 
quired. Some may have greatly erred in their views and expressions— in my humble judgment, did; 
for when the war was recognized by Congress, it was then the lawful war of the country, whatever im- 
proprieties and irregularities may have previously existed, and as sm h demanded the united purposes 
and efforts of that country to ensure a speedy and honorable peace. But to err, sir, is not a crime. To 
yield the right of freely thinking, and speaking boldly an honest thought, or of acting upon an honest 
conviction, is to become a' slave. To become that willmgly, is a crime. It is a degree of treason, to 
our institutions ,• for a republic, can on-y be maintained hy f?-eemen. Slaves support despotisms. 
This assault upon the natural and guarantied rights of the citizen was designed to madden the public 
mind with party animosity, and blind it to the actual movements and purposes of the Administration, so 
that nothing should be seen until all was accomplished. But an event soon happened which betrayed 
this purpose, in spite of efforts to conceal it. As soon as it was manifest we were to acquire territory 
by conquest, this question of slavery arose. Men who had gone freely and fully into the support of the 
war from the first— promptly voting, and without question, supplies of men and money upon every re- 
quisition, of both political parties, insisted that slavery should be excluded from all territory to be acquired. 
How was this received by the political champions of the war, who had been so deeply identified with the 
annexation pr ject, and all the subsequent steps involving us in hostilities ? The very men who had 
been foremost and loudest in branding with treason those who had expressed displeasure that such a ca- 
lamity as war had fallen upon us, or dared to question the wisdom of any of the war measures, or even 
•ventured to denounce as infamous the proposition to convert our gallant armies into church-robbers and 
pillagers of private property, these men now turned round and threatened to withhold supplies -to aban- 
don those brave armies of their own countrymen to certain destruction, to perish by famine for want of 
provisions, or by the sword for want of increased numbers to fill up and support their wasting ranks, if 
this prohibition was insisted upon in regard to our conquests. In this very hall such sentiments, not in 
terms, of course, but in substance, have found utterance — most intemperate and vehement utterance. 
V. as this bravely, was it patriotically done by such men as denounce all who do not " make haste to 
the shedding of blood? Was it noble, or even generous ? Was it just in those who charge with hos- 
tility to their country and its honor, that class of our citizens, the very salt of any land where they are 
numerous, the Friends, whose religious faith constrains them to oppose all violence, because they, in the 
true spirit of that faith whi.h they so strictly practice and beautifully exemplify, send their respectful pe- 
titions here, earnestly praying that the sword may be sheathed and peace come" in its stead? 

From the moment the Wilmct Proviso, as it is termed, made its appearance, we have had constant 
denunciations of the non-slnveholding States, and their quiet citizens, and threats of a dissolution of 
the Union, if we persist in what we solemnly believe is our duty to the country and to man. Sir, we 
have no threats to return— no intemperate and fiery declarations" to make in reply. We do not under- 
stand the force of threats aimed at us, and we do not mean to understand them" We shall never ask 
their import. We suppose that those who use them, being unable to maintain the argument, have lost 
their temper, and that they will be more reasonable when that is restored. It is gratifying to know that this 
exciting bearing is confined to those who were the originators of the annexation movement, and had the 
address to bring the power oi' a party organization to the accomplishment of a great public mischief, and 
such as, with a like purpose 1 in view, have since been most active in all these schemes of conquest, until 
this slave question arose. Since then, if a bold figure is allowable, they resemble a volcano, formerly 
with kit one crater, but now having two, sometimes discharging the fiery co: tents of their frenzied bo- 
eoms through one outlet, sometimes through the other, and sometimes through both ; but still, as for- 
merly, always spouting flame and sm»ke. It is hoped that their paroxisms may not aflect others ■;. but 
that wc may find enough who temper their feelings with reason sufficiently to settle our differences fairly 
and satisfactorily^ 

When we are told that this prohibition excises the slaveholder from the possessions acquired by the 
common contributions, Sufferings, and chivalry of the slave and nonslaveholding States, we will con- 
cede all you claim on the score of patriotism or heroism. W T e will question neither; but simply reply, 
we are of the common family, with equal rights in all acquisitions, and if slavery is admitted into those 
new possessions', that excludes us from their enjoyment If you cannot live in "a free State, we cannot 
live in a slave State. If you will not go where you may not" take and hold bondsmen, we will not go 
where you may do so This devotion to free institutions in the free States, is just as fixed as the re- 
verse can be in the slave States. Thus, then, we stand. Our population is, to say the least, equal to 



11 

yours. We pay as much into the national Treasury. Shall neither yield? Or, if either, which^ Wc 
have been roundly and repeatedly told here and elsewhere, in resolves of State Legislatures and other- 
wise, that the free States must and shall yield CTerything. That is the effect of the proclamation made 
over and over again by these same annexation and conquest advocates. That we have heard. But 
when we do so, it will be known. We will try, in good faith, as brethren of one great family, anxious 
for the advancement, the prosperity, and happiness of each and every member, to settle, to accommo- 
date, to compromise our differences and divisions, giving and receiving with the same spirit of kindness 
and justice, aiming to equalize the good and the evil of our condition, of our fortunes and disasters, 
amongst all. But we shall be very hard to persuade that we can only do this by a complete surrender. 
Before doing so, we shall take time to consider. 

We are told that the Constitution enjoins this. That, under the Constitution, no such restrictions can 
be imposed upon acquired territory. That all the power which the General Government has over the 
Territories of the United States is to dispose of the lands within theni. These propositions arc confi- 
dently asserted, and attempted to be supported' by grave sophisms called constitutional argument-;. 

Sir, some things ought to be regarded as settled by repeated decisions, and the universal acquies- 
cence in them of the most profound lawyers, judges, and statesmen, as well as the whole people of this 
country, for a long period of years. The gentleman from Mississippi, (Mr. Jacob Thompson,) tells us 
that the doctrine of adhering to precedent is the doctrine oi tyrants. Is it not quite as true that a total 
disregard of precedent is not only the doctrine, but the practice of revolution and anarchy' What 
worse form of tyranny is there than anarchy? What despot ever so rioted in the miseries of man as did 
the Parisian mob a few days ago 5 What monarch ever, from mere wantonness, butchered ten thousand 
of his subjects in four days, and then painted his palaces with their blood' Is the gentleman prepaied 
for scenes like that, rather than acquiesce in the mutual concessions, and sometimes inconveniences of the 
model Government of the world — the continued union of these States — with these free republican institu- 
tions, and the untold blessings they secure 5 Is he prepared for such an exchange 5 He speaks of Mis 
sissippi bidding us adieu, with as much indifference as he would say "-good morning" to a hiend that he 
would meet again in an hour. The gentleman may rind the farewell to us by Mississippi, should it 
ever come, (which God forbid,) a very serious affair. It will be a most solemn, a most impressive, a 
most fearful leave taking. Where will she go? Let each of the sister States ask themselves the question, 
"where shall we go'" when in a moment of vexation, they talk of bidding adieu. No, sir, no, shewil] 
not bid us auieu — she has too large a share in our common heritage. The chivalry of her own gallant 
sons has recently added too much to the common glory of the country, already so great, for her now, 
in mere passion, to break off and abandon all. She loves this Union, and will not forsake it. T ne g en . 
tleman deceives himself. These States must and will dwell together if we permit them. Then l e t them 
dwell together, and let it be in harmony. Where difficulties arise, and differences of opinion prevail as 
to what is right, let us refer the question to precedent to settle — especially should wc do so where the 
precedent is supported by principle. Are not the precedents thus supported here' Where d wc c^i 
the. power to acquire territory at all ? If we can acquire it, the power must be in the Constitution of 
the United States. It is not expressly given. Then it arises by implication. It must be an incident 
to some express power Concede, tor the argument, as is alleged, that it is incident to the wa r . ma ] v i U g 
power. Tfieu who, by the Constitution, can declare war. No State can. That is expressly inhibited. 
No ten or more States can, for the same reason. All the States cannot, neither could any part f, or all 
the people of all the States combined do so, except in the manner prescribed by the Constitution Con- 
gress — the Federal legislature of all the States and of all the people of the several States — Congress 
shall have power to declare war. Nothing pertaining to warlike preparations or movement^ belongs to 
the States, except to officer the militia, tram it, and upon a case of sudden and imminent Peril, to use it 
to repel invasion or repress internal violence. The militia, when called into the service of the United 
States, is not the army of the State whence called — its members are, while so in service, subject to no 
law of that State operating upon the person, but a part of the army of the United Siuict, — wholly con- 
trolled by the laws of Congress, applicable to their condition and service. Sectional allegiance is at once 
merged in a higher sovereignty, if that army conquer territory, to whom will that territory belong 5 It 
is but the sword in the hand of an acknowledged and clearly designated sovereign. I s no t, then, that 
sovereign the conqueror, and the conquest his conquest 5 Loes not a statement f the case settle the 
right? Thus, then, the United states in their Federal capacity, being the conqueror and th° sovereign 
of the conquest, who else has the control and regulation oi that conquest? The sovereign is the ruling 
power over all matters within the scope of iis jurisdiction. That jurisdiction may be limited, and so it 
is with the authority of our General -Government; but the limitation upon the jurisdiction is no! a restric- 
tion upon the power within the prescribed limits. We have in this country, to an extent, three recog- 
nized and active sovereignties That of the people, in their primary capacity— of the States in their 
separate organizations, aud of the United Slates in their confederate union. Neither acting legitimately 
in conflict with the others, but all in harmony. The sphere of each, their respective jurisdictions defined, 
and in some instances, the mode of exercising the power of each also designated. V\ ili-in these de- 
fined boundaries, and in accordance with tne prescribed modes of acting, and over all subjects within 
their appropriate jurisdictions, these sovereignties must be absolute for all purposes, so far as the mere 
question of power is concerned. The propriety of the exercise of such power is one thing, and the 
poult tsef is a eher- A disregard of these limitations, or any interference by either cf these sovereign- 
ties with the powers of another, is revolutionary — to the extent of such disregard or interference, a 
subversion of Government. Now, can the citizens of the States, or the residents upon any of our ter- 
ritories, as such, regulate, govern, or in any way control the territories of the United States? Such 



12 

regulation, government, or control is an act of legislation, and the people have expressly delegated the 
whole legislative power to representatives. To resume it would be revolution. Can the States, tts States, 
do so ? Can they acquire territory ? Can they do any act by which territory may be acquired ? Can 
they have, an army or a navy, make a treaty, enter into any negotiation? All these things the States 
have expressly surrendered and in terms vested in the Federal Government. 

Upon what earthly authority, then, is this high assumption made, that the General Government, that 
Congress cannot legislate for the territories — that Congress has no further power over them than that 
of a rriere larid merchant ? The power exists somewhere. It does not with the people in their primary 
capacity, 'or they have delegated their legislative power to representatives. It does not with the States 
in their separate organization, for they have surrendered jurisdiction over the whole subject which could 
by any possibility lead to the acquisition of territory. And because, further, State legislation must be 
confined within its territorial limits — whilst 'hat of the General Government, for many purposes, encom- 
passes both sea and land ■ like the course of the sun it encircles the earth. The people, individually, 
and the States, separately, have done this — have made these surrenders to the National Legislature, and 
most wisely too ; and yet it is insisted that this National Legislature of confessedly most extensive pow- 
ers (and implied powers) on some subjects — among others, on this very subject of acauiring territory, 
according to those whose cry is still for conquest — cannot control without limit or check, from State or 
individual interference, that acquisition which is obtained, and obtained alone through its agettcy and in 
its name. — by its authority, means and conceded power. When the inhabitants of a Territory of the 
United States, of the requisite riurtrber, shall present a Constitution securing a republican form 
of Government, you say we are bound to admit such Territory as a State into this Union, with equal, 
privileges and on equal terms with the other States. Suppose the application was made before there 
were the required number of inhabitants, would we be bound to admit it } Suppose such inhabi- 
tants, sufficient in number, should present a Constitution establishing privileged orders, titles of no- 
bility, 01 a >tate religion, would we be bound to receive them into the Union as a sister State ! KUielj 
no one will affirm this. We ha<e the power then of preventing the Territories from becoming States 
until contingencies happen, and certain conditions are complied with. While they remain Territories 
may they -have a navy or an army — custom-houses or customs' 1 Can they enter into alliances with 
one another, or with foreign countries — make treaties with the Indian tribes, or, in conformity 
with the Constitution of the United States, perform a single act of sovereignty, except so far as Con- 
gress shall enable them to do, by what may be aptly called a charter ? If they can do any of these 
things they may also have a monarch for a ruler. That would be an act of revolution. It would 
be an usurped independence of all responsibility to this Government, and at once deprive us of our 
Territory, for our doctrine is that sovereignty carrie? the soil, and not soil the sovereignty. It is not 
pretended that Congress has a despotic power any Where. Its powers, as well as jurisdiction, are limited, 
hat the limitation is by the Constitution itself Further, all legislation over the Territories must emanate 
in some way from Congress — Congress may delegate that power to a Council or inferior Legislature, foi 
the sake of convenience' or other cause, but it is not bound to do so by any constitutional provision or 
limitation. Not being so bound, Congress may legislate for the Territories. Legislation is the highest 
act of sovereignty — it is the greatest act of superiority that can be exercised by one being or power over 
another — it implies supreme authority. But if the subject matter of legislation is defined — if its limits 
are proscribed — if the mode or object is fixed — then that power is only supreme within those limitations. 
But still, within them, it is a supreme power. Such is exactly the nature of the power of our Federal 
Government. A clause in the Constitution itself fully ateserts this principle: "This Constitution and 
the laws of the United States made in pursuance thereof, and all treaties made, or which shall be made, 
under the authority or the United States shall be the supreme law of the land." And all the legislative 
power or authority, which the Constitution assumes to grant or confer, is expressly vested in the Con- 
gress of the United States. Legislative, being a Bower, in its nature supreme, can be restricted and 
limited only by express provisions. It. is not to be crippled or embarrassed by implication. This seems 
toha'C been well understood by the frarriers of the Constitution arid our early statesmen. For they 
define the sphere of (she National Go\ eminent, impose many restrictions and limitations in ex- 
press teems ; and then afterwards in an amendment to that instrument, as out of abundant caution, 
a general restriction is" inserted, that "the powttrs'hot delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved to the States respectively or to the people." The 
whole power that exists any where in the Constitution over the Territories, however, for any purpose, 
so far as it is expressly given, or so far as it can be implied, is to the General Government — and is dis- 
tinctly withdrawn from the citizen and from the States. Now what restriction is imposed on this vested 
power ? It is insisted that .he General Government cannot cede or surrender, by treaty or otherwise, 
the sovereingtv of any territory which has been or may be acquired. Is this so ? This is taking s. 
strong case. You say that the power to acquire territory arises from, is incident to, the war-making 
power, because conquest may necessarily result from war. Concede that. Is it. not also true that the 
liability to lose territory is an incident to the fact of war ? May not that conquest be against us as 
well as fur us } Ann h: ve we only power to avail ourselves of an advantage, but none to yield to the 
imperious necessity of an overwhelming calamity — to surrender a part to save the residue ? Is it true- 
that all our powers only look to a growing, an advancing prosperty, and in the most terrible extremity 
we are bondsmen ? If our rigid htnul, dear as it is, offend us, can we not cut it off rather than that 
the whole body should pensH ' Such a dactrine is utterly untenable. We have never practised upon 
it, and never will ; on the contrary, by treaty, from considerations of mere advantage, we ceded Texas 
to Spain". 13y treaty, from like considerations and those of justice, we have recently siurendered a por- 



13 

tton of our conquests in Mexico. Our conquests by the fact of arms, and by the laws and usages of 
nations; not technically, perhaps, but substantially so, for we had overwhelmed ail power in Mexico,' 
«ivil and military — shivered the spear and broken the arm of resistance — scattered Ler armies- -crush- 
ed her government, and held her unresisting and fainting form in our strong grasp. Ours by the Con- 
stitution of the United States, if the war-making power confers the right or the ability to acquire' territory. 
Is there any one so hardy as to insist, that such a surrender of a portion of this Mexican conquest 
was an infraction of the Constitution — was an usurpation of power' If there lie such, bjs next absur- 
dity will be, that if we have an adder upon our bosom we want the power to remove it though by neg- 
lecting to do to, its sting is certain, and that certainty death. We may ti >t have the power to transfer 
the allegiance of citizens residing upon such ceded or surrendered territory, against their will. They 
may insist upon their allegiance, and its appropriate return froin Government, so far as we can extend it 
under the new condition of things. But, then, they must conform to this new condition. They must 
come within our diminished limits. They must follow their receding Government; for it can no longer 
foster them in their old position. They are left free to choose between a Government n •. ctssarily with- 
drawn, and a spot of earth on which they reside. If the allegiance is changed, and its rights withdrawn, 
st becomes the consequence of their < lection of a soil over a Government. The act is theirs. Besides, 
the Constitution, in terms, gives to the General Government the power •' to dispose of the Territory of 
the United States." If it may dispose of the Territory, there being no designation as to the terms on 
which or the persons to whom such disposal shall be made, no limitation on the subject whatever, is 
there any power on earth paramount to that of the Genera! Government over the whole matter' 1 Tho 
power being plenary, is not the will of the General Government the sole guide' May it not dispose of 
the same in such quantities, to such persons, and on just such conditions as to that Government shall 
seem best' In ceding to a sovereign power by treaty, conditions might be imposed which would forever 
bind. We might make the penalty of violating these conditions the reversion of the territory to us. 
If we could impose any condition, might it not be one in favor of human liberty' Ought it not to be 
such? If we could do this m one entire cession to a sovereign power, what principle forbids us doing 
so, in similar cessions, to individuals — citizens of our own country, or foreigners who come to us for 
A home' The advocates of the extension of slavery, the annexation and conquest faction, say wo 
cannot impose the restriction in this case. Why' Because, they say, by the Constitution, the citi- 
zens of each State shall be entitled to all privileges and immunities of the citizens in the several States." 
To maintain their position under this clause, they insist that the meaning is, that whatever privileges 
and immunities a citizen of a State has, as such citizen, go and abide with him when he changes his 
place, and takes up his residence elsewhere ; therefor*', they say, it being his privilege tc hold slaves in 
Virginia, South and North Carolina, Kentucky, and Mississippi, as a citizen of one of those States, 
when he chooses to remove thence to Oregon or California, he may take with him his slaves, and 
hold them there, in virtue of this clause, that the law of the State from which he removes goes with 
him — its allegiance binds — its authority protects him. This tissue of Strang'' fallacies is mainly sup- 
ported by three assertions and four nonsequiters, to wit: that the expression, "citizen of the United 
States, is not found in the Constitution, and therefore, no such citizen exist;; - ' that " citizen of a Ter- 
ritory " does not occur in the Constitution; "therefore, there is no such citizen constitutionally exist- 
ing;" but, that everywhere in that instrument, the designation is, "citizen of a State," or citizen of 
the several States ^ therefore, the only citizenship known to the Constitution, is that of a State; " an<?, 
therefore, again, the authority of the State alone can control or regulate the rights of the citizen." After 
the fearful passage of tins pona ussinonura, more formidable to any but l:up logicians than that of Euclid, 
there should be added " Quid erut demonstrate.'" This is respectfully suggested, as an amendment tp 
the demonstration of this new and great State rights problem. Let us see, though, if this construction 
does not prove too much. By the laws of Massachusetts, a negro man may be a citizen of that State, 
and as such, is privileged to marry a white woman there. That is one of his privileges. He goes to Ken- 
tucky, either to reside, or but temporarily on business — will the law of Kentucky permit such a mar- 
riage by him there' Which will prevail, the law of Massachusetts, which you say goes with him. or 
ihe law of Kentucky, which he goes to' A negro man, being a citizen of Massachusetts, may vote and 
hold office there. These are privileges secured to him by the laws of that State. He removes to South 
Carolina or North Carolina, and resides. Will these privileges be secured to him there? In New York 
and other free States a negro is a competent witness in any case where a white person would be. Ho 
goes to Virginia. Is the privilege of testifying in a Court of justice extended and secured to him so far 
there' In ail the free, and some of the slave States, a negro may acquire, hold, and transfer real estate. 
He goes to Mississippi. May he do so there? Your laws cut the negroes oil" fro n these privileges. 
He comes among you with the charter of citizenship of a State where they arc secured to him, and urge?* 
your own construction of the Constitution. Is it a sufficient answer to say, " complexion alters the 
case''' lie appeals to vour courts, and repeats your own arguments. Do you fear that your Judges 
will hold your restrictive laws unconstitutional? He appeals to the Supreme Court of the United States 
repeats again your arguments, reads your speeches, and adopts your own, vehement eloquence. Would 
you feel any alarm'' The court might, by way of compliment, say these speeches are very ingenious 
and very eloquent, but not of such authority as to settle this constitutional construction. But to go a 
little further and make the lest practical : are any of you gentlemen who urge this position upon us, pre- 
pared to support a provision in any bill organizing a Territorial Government, giving to the black man the- 
right of voting for officers elective by the people of the Territory, or making them eligible to those offi- 
ces? Will you make him a competent witness against a white man in the territorial courts? Not a 
word of it. And yet if your construction be correct, you are bound to do so. 



14 

Again: If you arc correct, the Missouii compromise is void; and you may go as well into any State 
north of thirty six degrees thirty minutes with your 'slaves and hold them there in bondage, as into a 
State south of that parallel. You may go to Massachusetts and defy all laws which emancipate the 
physical and elevate the moral and intellectual man. Sir, if there are any who have faith in this new- 
doctrine, (for it is new,) let them attempt to prove it by their works, and the scales will fall from their 
eyes. Indiana is a noble ^tate. Her soil teems with abundance at the touch of industry. She invites 
the husbandman to fill his barns. Will the gentleman from Kentucky, (Mr. French,) who urges this 
position with so much confidence, come over with his slaves and gather the harvest? He will then see 
if the chains of his bondsmen and his construction of the Constitution do not melt away together in the 
radiance of free institutions like frostwork beneath a July sun. 

This clause of the Constitution, so far from being a restriction upon the powers of the General Gov- 
ernment, is rather in aid of its purposes, and is in fact a restriction upon the Slates. Its object was to 
secure a citizenship to a citizen of one State on his removal to another, in the State to which he so re- 
moved, and admit him to full and equal " privileges and immunities" enjoyed by all citizens, (in his con- 
dition,) of his adopted State. If a native born white man or naturalized foreigner, then the largest lib- 
erty of the State is his. If an unnaturalized foreigner, the rights and disabilities of that class are his. If 
a free black man, the rights and disabilities of that class are his. It was designed to prevent one State 
making any law by which the citizen of another State going Ihere would be regarded in the light of 
an alien and required to submit to quarantine or pay entrance fees or the like, not exacted of residents of 
the State, and to undergo a sort of naturalization. It was further designed to preserve good neighbor- 
hood between the States and their respective citizens, by preventing invidious and offensive discrimina- 
tions amongst the common citizens of a common country, from motives of aggrandizement or resentment; 
and to make us alljfteZ that, although in the States, we might be, as the waves, separate; yet that in the 
great brotherhood of this Union, we are, as the ocean, one. 

The State of New York authorizes to be collected from every person entering her great city from the 
water, a tax for hospital purposes. She does not exempt her own citizens from that lax. It is levied 
alike on all. Had she done otherwise, the law would have violated this clause of the Constitution, 
But in this, as in all other things, she extends to the citizens of each State all "privileges and immuni- 
ties" of her own citizens. That she is bound to do. 

When this question of power to acquire territory was first agitated, in reference to the Louisiana pur- 
chase, neither the war-making nor the treaty-making power was thought sufficient to settle the difficulty. 
It was only by aggregating all the express and implied powers of the Constitution and relying upon a 
then conceded national sovereignty that the friends of the measure could find authority to consummate 
their wishes. Mr. Jefferson, although anxious for the acquisition, still doubted the existence of the 
power even upon this liberal view of the case, and suggested an amendment of the Constitution to meet 
the exigency. We, however, did purchase Louisiana, notwithstanding these difficulties; and we did 
right as all iiow admit. These scruples were made to yield to an apparent controlling public good. 
But now, when we have acquired other territory by conquest, you wish to seggregate the powers of the 
Constitution, and it is asserted that the war making power alone gives authority for the acquisition; and 
that too by those of you who insist upon a most stringent construction of that power, as to the conse- 
quences of the acquisition. You tell us we may conquer, but cannot control — because the control of ter- 
ritory by legislation, is in no way necessary to effectuate the power which obtained it. If this were so, 
which is not, it does not follow that this implied power does not exist under some other express one. This 
objection is in character with the others, and with them, is thought to be sufficiently answered. In what- 
ever light this subject is viewed, it is clear that the power to legislate for the territories belongs to Congress, 
that no other authority has or can have that power, independent of Congress; and the power so exist- 
ing, may be exercised so as to exclude slavery from them. When the time comes for their admission, 
as°States, into the Union, if they choose to do so, they can, doubtless, incorporate slavery into their new- 
existence in spite of the General Government. The sovereignty over the subject is then with them. 
We believe, however, there is no danger of any such improvidence. We are willing to leave it to the 
new State to say what it will do as to adopting, or not, such an institution, as we are to those States 
where it already exists to say whether, and when, and how, if at all, they will abolish it. We propose 
no interference with existing rights of property or of persons, but to leave all just where the Constitution 
and past compromises have left them. The Constitution takes slavery no where. It found the institu- 
tion existing and left it untouched. We wish to do the same — no more. Hence we resist its spread 
over territory now free. 

Sir, a good deal has been said about precedent for the exercise of legislative powers by Congress over 
the Territories, and the extent of that legislation. After the adoption of the present Constitution and 
the organization of the Government under it, Congress passed an act which Washington, as President, 
approved; in effect assuming sovereign power over the Northwest Territory, and adapting the superin- 
tendence and rontrol over it to the new order of things, but leaving untouched, and thereby recognizing 
and re affirming the principles and conditions, one of which was a prohibition against slavery, upr-n 
which the cession of that territory v»as made — principles and conditions, as before state", incorporated 
by Virginia statesmen, with Mr. Jefferson at their head. The preample to the act recites that, "in or- 
der that the ordinance of the United Mates in Congress assembled for th« government of the territory 
nort west of die river Okio may co tinuc in full effee, it is r-quisite tat certain pro»isions should be 
made, so as to adap the same to the present condition of the United States." This was in 1787, two 
years after V e date of die ordinance. Again : in 1792, Congress passed an act by which the sovereign- 
ty of the General Government over that territory is fully a?serteJ and exercised. Washington, as Pre- 
approved that also. 



u 

In 1798, the elder Adams being President and approving it, Congress passed an act defining the lim- 
its and providing for the govemmen of thr Mississippi Territo y. Ore of its provisions is w rthv of 
especial att ntio . By the seventh section it *«as declared that " from and after the estab! s'ment of 
the said government, (of the Mi sissippi Territ ry.) it shonld not be iawfu for ai y pers n to mport or 
bring into the sad Mississippi Territory, irom any port or place without the limi s of the United States, 
or t cau*- or procure to be so imported or brought, or knowingly to aid or assist in so import! g or 
bringing any slave r slaved" This provision was guarded by heavy p. n ifties. It is a broad and str ng 
restriction It operated upon all per ons, whether citizens of a St te, of the Mis issippi Territory, or 
o foreign countries. It prohibited the introduction of slaves into ^ Territory where the institution ex- 
isted by legal sanction, where there were skives owned and held by citizens of the Tcrritor ; and hence 
the restriction against the introduction of slaves from all places "is no' found in the net. They could 
still be introduced from places within the United States, bus s curing to the citizens of each Sta e he 
" privileges and immunities" of the citizens of that Territory. Now, although it is not conceded thai 
Congress was bound to make even this exception, yet, in courtesy to the slaveholding States', it w s 
eminently proper to do so. It will be observed, too, that this restriction upon importation from places 
without the United States, was at a time when Congres-, by the Constitution, had no power to prevent 
the introduction of slaves 'rom abroad into the Stales. The exercise of that power was expressly res- 
trained until 1808. This restriction, however, was held not to apply to the Territories of the United 
States, but only to the States th»n existing It is not necessary to show what w. re the opinions of emi- 
nent individuals connected with the passage of his act. It is s fticient to sav that t was pas-ed, and 
passed too by a Congress of men, a majority of whom were repr< scnting slave States and slaveholding con- 
stituent . A yet stronger case is furnished in the act passed by a s ongrcss similarly constituted, in 1 v 4, ap- 
proved and enforced by Mr. Jefferson as President, "erecting Louisiana into two Territories, and pro- 
viding a tempor>ry government;" The tenth section of that act not only contains the exact provisions 
of die one just referred to in regard to Mississippi, but it goes furth r, much further. It makes it un- 
lawful for any slave to be taken into these Territories of L uisiana from places within the limits of the 
United States, which slave had been imported into the United States pitice the 1st of May, 1798, from 
places without th United States ; and, further, that no slave s ou d be introduced into those Territories 
except by a citizen of the United States, removing to the same for actual settl ment, and being at the 
time of such removal the // na fide owner of such slave. The observance of 'this act is enforced by 
heavy penalties upon the offender, and the emancipation, 1% the fact of a disregard of it, of the slave 
hims. If. This act, also, passed as it was before ( ongress had power to inhibit the importation of slaves 
from abroad into he States, without their consent, is a decided and an amole exercise an I vindication 
of the power of Congress over the Territories, not only in regard to the general subjects of legislation 
and government, but likewise in relation to th:s particular subject of slavery Mr. Jefferson is claimed 
to have been a stri t constructionist. He doubted who her, not under this or that pa ticular delegated 
power, but in the aggregation of all the powers of the Constitution, we coulu acquire te.r tory, could 
possess urselvesof Louisiana. But when, laying asi cthes serup es for a great public benefit, we did 
so, he had no difficulty as to the power and the d-tty of the General Government to control it by legis- 
lation, and in such way as most to •nhance the value of that acquisition, give protection and prosp-ri- 
ty to its inhabit nts and promote the common welfare of the whole country. 

Let those who profess to be the followers, and the exclusive followers of Mr. Jefferson, follow him 
truly, and these divisions, sectional and party, will mostly perish. Though peculiar in some of his views 
about the powers of this Government, he never taught or practiced the extreme doctrines imputed to 
him. With a personal ambition, not censureable, he cherished to his last day an ardent love lor hu- 
man liberty, and a deep devotion to our Union — the perpetuity of our model institutions, and the last- 
ing happiness of our people. His lite was given to the rearing of this proud column of blended sove- 
reignties — deep and strong in its foundations — harmonious and beautiful in its proportions — perfect in 
its workmanship — lofty in its height — and yet his precepts and bis example are appealed to in justifica- 
tion of the rude hand that would break in pieces and crumble it with the dust. 

How strange it seems to hear gentlemen who insist upon this impracticable construction of the Con- 
stitution, urging us to advance our territorial limits. With what sh»w of consistency do they ask us to 
take the national treasure, arms, and the lives of our countrymen to in te fere in tbe civil war of Yuca- 
tan ? The reason given for this is that humanity requires our interposition to check scenes oi' savage 
barbarity Does not humanity then require prompt assistance to our citizens in Oregon, to save them 
from the scalping knife ! The shrieks of murdered families that come to us from that quarter produce 
no sensation here, for Oregon is already ours — nothing can be gained by conquest there But then you 
say that our interest demands the acquisition of Yucatan and of Cuba, with other points in that neigh- 
borhood, so as to secure to ourselves and those who shall come after us, "the freedom of the seas." The 
freedom of the -eas! Sir, our navy will secure that. Its "march is o'er the mountain wave," ita 
"home is on the deep." Cherish that navy, and it will make that march and that home as free as th« 
wild winds that sweep its heaving bosom. Foster tbe enterprise and skill of oui industrious country- 
men — multiply and diversify their pursuits by wise legislation for their benefit and their protection, and 
leave the paupers of Europe to their own Governments— preserve friendly relations with all nations, 
but incur entangling alliances with none, and we shall be alike free, alike pre-eminent, on land and 
•cean, in all that is of true national greatness and glory. Humanity ! shall we make merchandize of 
our feelings of humnaity ? Do»s not this Yucatan project look like *uch a design ? Fifty thousand, 
who have tyrannized over amd trampled under foot for ages five hundred thousand of their fellow beings, 
better in all the qualities of manhood than themselves, are at last resisted and likely to meet a dreadful, 



16 

but it may be not unjust retribution, and we arc called on to accep^the sovereignty of the country in ex- 
change for shielding and maintaining a profligate and tyrannous minority against a long outraged and 
deeply wronged majority. This is termed humanity ! And the same men who now urge this step, 
refused the appeal of perishing Ireland! When the lean hand of famine struck down her children by 
thousands — when the beautiful and the brave were starving together, the young and the old, the husband 
and the wife— when the infant died in the vain effort to draw milk from the dead mother's breast, and the 
pale nations could no longer find room in the grave, but laid down upon the surface of the earth — where 
was your humanity then, when you had seventy of a Democratic majority on this floor ? The journals 
of the last Congress will answer. 

Mr. KAUFMAN.— •" c permitted two national vessels to carry the voluntary contributions of the people. 
Mr. DUNN.— "You permitted two national vessels to carry the voluntary contributions of the peo» 
pie !" A perishing man cries to you for nourishment, and you hand him a gilded but empty vessel and 
say " take this ancl live." Was not that voluntary contribution of the people— that pure and true of- 
ferin«- of humanity from the great and generous heart of this nation-- a most eloquent and powerful pro- 
clamation of its wishes ? Did you in the least regard that ? 

The honorable gentleman from New York, (Mr. Hunt,) and the honorable gentleman from Massa- 
chusetts, now the Speaker of this House, strove in vain, day after day, to rouse your sympathies. But 
you were deaf to lhat heart rending, universal cry »f a whole people for bread, because that people had 
no land to give, no territory to cede in exchange for your humanity. Now you can get dominion — 
" extend the area of freedom :," and obtain a wider theatre on which to plant the institution of slavery, 
and you are readv to thrust the sword into the bosoms of men who strike oppressors in the name of God 
and liberty. And this you call humanity ! which, at the last Congress, refused a crust of bread and a 
cup of water to save a perishing nation, and would now give the sword, the treasure, and the strengtk 
of the country to employ in human butchery! Sir, we have evil enough, and danger enough at home, 
without going abroad to engage in, at least, a doubtful quarrel. We shall be fortunate, indeed, should 
we escape all the disasters that threaten us. Nothing but the interposition of that good Providence 
who guided our fathers in the wilderness of our days can save us. If he has raised up for us now, a* 
then, (as I firmly believe is the case,) from the midst of confusion, and darkness, and peril, a great 
leader, simple and direct in speech, great in action, wise and just, faithful and true, brave and temper- 
ate on e who sets his duty in the service of his country, and the reward of that service in its perform- 
ance, we should hail it as a reassurance that the favor of heaven rests upon us. But if, in spite of rea- 
son, of the bitter experience of the past, and the earnest remonstrances of the present, of the plain 
warnings of the future, that same recklessness of the public welfare, and the private happiness and har- 
mony of our P eo p' e which involved us in a war, just closed, with all its disasters, to give strength and 
perpetuity to an institution which is to override and crush every other interest in its determined march; 
if this annexation and conquest faction shall again be able to triumph by party combinations, subtle 
inteigues, and new devfces, and force the. slave all over these new territories, now free, and stifl 
press this institution farther and farther on, it goes with our solemn protest against it, that shall stand 
as our vindication, if evil come. We shall leave the issue to God, always hoping for safety, but not with- 
out fear. To avert these impending dangers, let the appeal be everywhere made, not "the union 
of the Whigs or the Democrats, or the North or the South, but the union of all true lovers of our 
country, lor the sake of that country and its republican institutions." 

Sir, "these references to past events have been made in no spirit of resentment, or for purposes of irri- 
tation, but simply to show that there is no safety in following these extreme partizansand factionists, and 
to point out glaring inconsistency between the motive heretofore assigned, and the act done, that we may 
now receive with due caution any new project which shall originate in such quarters. We want no 
more, extreme measures or extreme counsels from any quarter. Moderation, forbearance, conciliation, 
arc what we need, and must have, if we mean to do anything satisfactory to the country, or consistant 
with duty. These new territories all demand of us to furnish them, and promptly, good and stable Go- 
vernments. It seems impossible to do so, until this "apple of discord" is disposed of. How is this t» 
be done? From the extremes of neither party is iherc much to hope; for, unfortunately, they are of 
tkat kind of extremes which, if they meet, meet but to oppose. At the risk of being deemed presump- 
tious, I will respectfully submit to the consideration of genthrmen on all sides, as a step towards some- 
thing practical, something that might result in an end, if not satisfactory to all, would not be. irrecon- 
cilably objectionable to any, the raising of a Committee of Thirteen to take this whole question in charge, 
and report to the House a basis of settlement. Thirteen States coming together in the spirit of mutual 
concession, under the pressure, of a common danger, formed this great Union. Can we not now seleet 
from this House thirteen members, possessed of the same temperance that then guided all, who can 
originate and present to us a new security against danger — a danger greater than that which brought us 
together ? Men who can reason together without passion, and act in such a crisis, without fear of po- 
litical consequences to themselves personally, who prefer the hopes of their children to their own brief 
distinction, even if that be the forleit, and the welfare of the country to any selfish ambition. To se- 
cure the choice of such a committee, let the Whigs and Democrats of the slaveholding States choose 
six gentlemen from the non-slavehokhng States, three Whigs and three Democrats, of whom they would 
have least fear of injustice, and in whom they would most readily and fully confide. Let the non-slave- 
holding States make a like selection from the slave. States. Give to these twelve, thus selected, the 
choice of the thirteenth gentleman from the members of the House. Let such be a select committee to 
submit a basis of compromise and settlement. In such an organization, we might hope to find the- ele- 
ments of peace and in their labors, a final and satisfactory reconciliation of all our differences. 



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